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A55555 A treatise of the antiquity, authority, vses and jurisdiction of the ancient Courts of Leet, or view of franck-pledge and of subordination of government derived from the institution of Moses, the first legislator and the first imitation of him in this island of Great Britaine, by King Alfred and continued ever since : together with additions and alterations of the moderne lawes and statutes inquirable at those courts, untill this present yeare, 1641 : with a large explication of the old oath of allegeance annexed. Powell, Robert, fl. 1636-1652. 1641 (1641) Wing P3066; ESTC R40659 102,251 241

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should permit any inhabitant or townes man other than labourers and handicrafts-men or persons invited by any traveller to continue drinking or tipling in any such house upon paine to forfeit for every such offence to the use of the poore of the parish ten shillings Drunkards ANd afterwards by a Statute of 4. Iac. 5. and intituled 4 Iac. 5. An Act to represse the loath some and odious sinne of Drunkennesse which thereby is rightly described to be the roote and foundation of many other enormious sinnes as bloodshed stabbing murder swearing fornication adulterie and such like to the great dishonour of God and of our nation the overthrow of many good arts and manuall trades the disabling of diverse workemen and the generall impoverishing of many good subjects abusively wasting the good creatures of God It was provided that every person which should be drunke and thereof lawfully convicted should within one weeke after conviction pay 5. shillings to the use of the poore of the parish And upon refusall or neglect or non abilitie to pay it to bee committed to the stockes there to remaine sixe houres and if any person should continue drinking and tipling in any Inne c. in the place where he inhabiteth being duly prooved in such manner as is limited in the act of 1 Iaco. He shall forfeit 3. shillings 4. pence to be levied as the penaltie of drunkennesse and for non-payment to bee committed to the stockes by the space of foure houres That all Constables Churchwardens Headboroughs Tethingmen Aleconners and Side-men shall in their oathes incident to their severall offices bee charged to present the offences contrary to this Statute This Statute appoints a forfeiture of ten shillings upon the Constable or other inferiour officer who shall neglect the correction of a drunkard or levying the penaltie upon him and further gives power to the Court Leet to inquire of and punish all the offences in these two acts so as the presentment be within six moneths after the offence These two Acts by a latter of 21 Iaco. ca. 7. with the alterations and additions therin expressed 21 Jac ca. 7. are to be put in due execution and to continue for ever And whereas proofe of two witnesses was required by the said statutes now the proofe of one should be sufficient That the voluntarie confession of any offender against either of the said Statutes before any person authorized by the said act to minister an oath shall suffice to convince the partie so offending and afterwards the oath of the party so offending and confessing shall be taken and be a sufficient proofe against any other offending at the same time That if any stranger should bee found upon view of his owne confession or proofe of one witnesse to be tipling in any Inne c. hee shall incurre the like penaltie as if he were an inhabitant to be levied and disposed as in the said act of 4 Iac. is expressed That the oath limited by the said Statute of 4. Iac. to be ministred to Constables c. for presenting of offences contrary to the Statute shall be alwayes hereafter inlarged and extend to present all offences done contrary to all these three severall Statutes according to the severall alterations and additions in the same 1 Car. R ca. 4. By the Statute of 1 Car. Regis cap. 4. intituled An Act for the further restraint of tipling in Inns Alehouses and other Victualing houses It is provided that every Alehouse keeper c. which shall permit any persons not there inhabiting to tipple in his house shall incurre the same penaltie and in such manner to be prooved levied and disposed as by the Law of 1 Iac. is appointed for suffering townsmen and inhabitants to tipple in their houses And keepers of Tavernes and such as sell wine in their houses and doe keepe Innes or victualling shall be taken to bee within the said two former Statutes of 1. and 4. Iac. and also within this Statute of 1 Car. ca. 4. 4 Iac. 5. A drunkard convicted the second time 21. Ia. 7. is to be bound with two sureties to the good behaviour from thence forth Every Alehousekeeper which shall be convicted for any offence against any the branches of either of the two former lawes and the meaning of this Statute shall for the space of three yeares after his conviction be utterly disabled to keepe any such Alehouse Who shall bee a drunkard There is no Law or Ordinance so exactly made by the wisedome of a State but the enemie of mankinde and his ministers and members would invent some device and machination to elude it As to that good law against that odious sinne of drunkennesse there is a great disputation growne as if there were need of a new act to interpret it who shall be accounted a drunkard In the opinion of some famous in that facultie none shall be deemed a drunkard unlesse he be so bereaven of his memorie reason sense and vnderstanding that he is not able to knew the difference betweene his head and feet Et pedis capitis quae sint diserim na nesoit But such sophisticall Symposiarchistes must look backe upon that of Isaiah Vae qui consurgitts mane ad ebrietatem sectandam potandum usque ad vesperam ut vino aestueris that wine may inflame them All excesse of drinking vltra necessitatem which doth inflame and begets a distemper and disorder in the ordinary disposition of nature is to be accounted Drunkennesse He that is strenuus in vino and can carry his burden like a brewers Horse is not more excusable than the weake infirme drunkard All the severall sorts and kindes of drunkennesse may bee reduced under two regiments 1 The one sort which drink ad insaniam till they be so mad as that they will fight with a wall or with their owne shadow in the Moone light 2 The other sort which drinke ad delirium till they fall into a sottish and swinish drowsinesse The Psalmist 107. vers 27. describes them by a comparison of ships on the Sea They reele to and fro and stagger like a drunken man and are at their wits end I neede not speake more of them There are many Sermons and Tracts extant in print against them and yet a man may commonly with grief hold severall sorts of them reeling and in conflict with the stones of the streets in the face of the Sunne and passe with impunitie There follow three mischievous members who are publike enemies to the peace and plenty of a Realm one preyes upon the coine the other two upon the corne and victuall of a Common weale Usurie USurers were here inquirable as offenders against the common Law It appeares by Glanvill li. 7. ca. 16. that their goods and all their chattels which they had at the time of their death were to be seized to the Kings use and their heires to be disinherited and their lands to returne to the Lord
of the fee and the reason why he was not to be convicted in his life time because it was presumed that hee might repent and forsake the sinne before his death which if he did he was then freed from the mulct of the Law and so it is rendred in the same tract Sciendum tamen quod si quis aliquo tempere usurarius fuerit in vita sua super hoc in patria publicè defamatus Si tamen a delicto suo ante mortem suam destiterit penitentiam egerit post mortem ipsius ille vel res suae lege usurarii minime sensebuntur And li. 10. ca. 3. He defynes what a Vsurer is one that taketh more than his owne Si quis aliquid crediderit si plus eo receperit usuram facit This Law had its propagation from the confirmation of the Mosaicall law by king Alfred Exod. 22. vers 25. Lamb. Arch. fo 23. Si pecuniam mutuam dederis populo meo pauperi qui habitat tecum non urgebis eum quasi exactor nec usuris opprimes It seemes by the Statute de Iudaismo made An Dom. 1289. 16 Ed. 1. That the dispersed Iewes who then much infested this Kingdom were the first introductors of this sinne and the only usurers of this Kingdome whereby his Majesties leige people received much mischiefe and disinherison and many offences arose and therfore for the honour of God and common profit of his people it was ordained That no Iew should from thence forth take any thing to usurie of any Christian upon any Lands Rents or other things and if any Iew did offend against that ordinance he should lose his loane be punished at the Kings pleasure and the Christian should recover his gage viz. his lands rents or other things This Iewish leprosie had so spread it selfe in this Kingdome that it grew even excessive amongst Christians for redresse whereof it was provided 3. Hen. 7.6 That all unlawfull chevisance and usurie should be extirpate and Brokers of such bargaines should be set on the pillory be halfe a yeare imprisoned and pay twenty pound That Statute and an other of 11 H. 7.8 were repealed by 37. Hen. 8. ca. 9. And provision made that no person by any covin engin or other deceiptfull way should take above ten pounds in the hundred interest for one whole yeare upon paine to forfeit the treble value of the wares marchandizes and other things so bargained c. imprisonment of bodie and fyne and ransome at the Kings pleasure This Statute being repealed 5. Ed. 6.20 was fully revived 13. Eliz. ca. 8. And further enacted that all bonds contracts and assurances collaterall or other to be made for payment of any thing reserved above the rate of 10. pound in the hundred should be utterly void and all Brokers sollicitors and drivers of usurious bargaines above that rate to be judged punished and used as Counsellors Attourneys or Advocates in any case of Praemunire And for that all usurie being forbidden by the Law of God is sinne and detestable It was further enacted That in all usurie loan and forbearing of mony at 10 pound in the hundred and under the offender should forfeit so much as shall be reserved over and above the principall to be recovered and imployed as is limited for forfeitures by the Statute of 37. H. 8. And not to be punished by the Ecclesiasticall law or otherwise This law was made perpetuall by the Statute of 39. Eli● 18. The Statute of 21 Iac. cap. 17. which by 3. Car. cap. 4. is made perpetuall 11 Iac. ca. 7 doth restraine the taking of any more than after the rate of 8. in the hundred for one whole yeare under paine of forfeiture of the treble value of the monies wares c. and all bonds contracts and assurances to be void The Scriveners Brokers Drivers and Sollicitors to forfeit 20 pound and imprisonment for halfe a yeare if they take above 5. shillings for the procuring or driving the loane or forbearing the same lent after the rate of an hundred pound for one yeare or above 12 pence for making or renewing the bond These two last mentioned Statutes doe respectively stand and remaine in their proper and peculiar force according to their severall restrictions and limitations yet none of them doe abrogate the inquirie of it as an offence of the common Law in the Sheriffes Tourne or Court Leet but the Steward cannot inquire nor inflict the forfeitures limited by the Statutes because thereby no power is given unto him Forestallers IF any buy or cause to be bought any marchandize victuall or other thing comming by land or water towards any faire or market to be sold in the same or toward any Citie Port Haven Creeke or rode of this Realme or Wales from any part beyond the Sea to bee sold Or shall make any bargaine contract or promise for the having or buying of the same or any part thereof before it shall bee in the market faire citie port c. ready to be sold Or shall make any motion by word letter message or otherwise to any person for inhaunsing the price or dearer telling of any of the said things Or else diswade move or stirre any person comming to the market or faire to forbeare the bringing of any of the things to any faire market cuie c. to be sold shall bee judged a Forestaller Regrator IF any shall Regrate or get into his possession in any faire or marked any Corne Wine Fish Butter Cheese Candles Fallow Sheep Lambes Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead victuals whatsoever that shall be brought thither to be sold and doth sel the same againe in any faire or market holden in the same place or in any other faire or market within foure miles thereof shall be reputed a Regrator Ingrosser IF any get into his hands by buying contracting or promise taking other than by demise grant or lease of Land or tythe any corn growing in the si●l●s or any other corne butter cheese fish or other dead victuall within England to the intent to sell the same againe shall be taken an unlawfull Ingrosser They are all linked together in this Statute and the punishment of them equall viz. 1. Offence imprisonment for two moneths without basle and forfeiture of the value of the goods bought c. 2. Imprisonment for one halfe yeare and lose the doable value of the goods c. 3. Offence pillorie in the place where hee dwels forfeiture of all his goods and cattell which he hath to his own use and imprisonment during the kings pleasure By this Statute no expresse power is given to Leets to inquire of these offences or any of them whereupon much doubt hath arisen and much neglect insued in not charging the suitors to present the offenders and forestallers and Regrators at Tournes and Leets the rather for that M. Kitchin in his booke of that subject and in the particulars